Research On Judicial Application Of Guiding Cases In China

With the rapid development and change of our society,the real contradictions and legal relations have become more and more complicated,and the types of cases that the court hears have become difficult and complex.Because of the different economic development and the level of judge's trial ability in different parts of our country,it has become an urgent need for the community to unify the standards of judicial application and get fair and just treatment.Therefore,on November 26,2010,the Supreme People's Court promulgated the provisions on the guidance of cases.China's case guidance system was initially formed.It was determined that the right to select and issue guiding cases belongs to the Supreme People's court,which was used to improve the efficiency of the case trial and safeguard the fairness of the judgment.However,the issued documents actually contain only ten contents,and there is no specific provisions It is not enough to guide the judge to identify,judge and judge similar cases in the trial,so we need to further improve the guiding case system.The case guidance system is a unique system in the process of rule of law construction in China.The judicial application of guiding cases is also the core component of the case guidance system.Therefore,the study of the application of guiding cases in judicial practice is conducive to promoting the process of modernization of the rule of law in China.To study the judicial application of guiding cases,firstly,starting with the concept of guiding cases,this paper expounds the structure,selection conditions,relationship with relevant systems and functions of guiding cases.Secondly,it analyzes the current situation and difficulties of judicial application of guiding cases in China.By analyzing the data of guiding cases,this paper points out the current situation of guiding cases in judicial practice,which is manifested in the weak application of guiding cases,the high frequency of guiding cases in intermediate and grass-roots courts,and the high application rate of guiding cases in civil and commercial affairs.It focuses on the analysis of the difficulties of guiding cases in judicial application in China: first,the lack of unified form of citing cases;second,the lack of guidance The third is that the effectiveness of guiding cases is not clear;the fourth is that the level ofsome judges' application of cases is low;the fifth is that the guiding cases lack the corresponding supporting mechanism.Finally,in view of the difficulties in the application of guiding cases,some suggestions are put forward to improve the judicial application of guiding cases in China: first,to improve the way of case citation;second,to improve the retrieval system of guiding cases;third,to clarify the effectiveness of guiding cases;fourth,to improve the level of the application of guiding cases;fifth,to improve the supporting mechanism of guiding cases,so as to achieve the establishment of guiding cases The original intention of the guiding case system and the correctness of the application of law.